Terms of Service
1. ACCESS TO SERVICE.
Publicity.ai grants you (the "user") a personal use license, which is not transferable to any other party, to use certain features ("dashboard") provided to you on free registration and private campaign ordering area ("ordering") provided to you upon paid account ("paid software") activation, so that you can schedule PR-and-SEO-related work orders ("services") through Publicity.ai ordering.
While anyone can create a Publicity.ai user account and get access to the dashboard, only active paid users (who have an active paid software subscription) can actually order services, or access certain other premium areas / features of the dashboard / ordering, including Publicity.ai's campaign and keyword tracking services.
2. PAYMENT FOR SERVICES.
2.1 Publicity.ai services ("campaigns") ordered through Publicity.ai ordering are paid for when you launch a campaign that you have planned through the dashboard.
Campaigns are a non refundable advance payment for services usually paid via transactions taking place through our secure third party merchant provider facilitated in the ordering area of Publicity.ai and in certain instances, at our discretion, via other payment methods. The nature of the methods used on your behalf by Publicity.ai to measure, research, analyze, plan, negotiate, produce, earn and assure the quality of deliverables provided for you by your use of the service require significant risk taken on by Publicity.ai and our contractors ("Publicist Network") which can only be mitigated by your up front payment in full. Publicity.ai holding these payments for use on your behalf is to your benefit in negotiations with our contractors and agents who we commit to pay for their good work, which can take place over months or years of their own commitment to your campaigns, and allows us to make our best attempts to see that they are only paid when the quality of their work matches our standards, which are ultimately based on maximizing the likelihood of success of the services to achieve your specific goals and outcomes outlined in the dashboard.
2.2 Publicity.ai charges an annual fee for access to ordering and certain features within the dashboard ("paid software"), with plans starting at $999 USD annually. This amount is managed as a separate subscription from campaigns. However if the user has at least one active campaign, and the paid software billing fails for any reason, the amount of the paid software subscription will be deducted from one of the user's active campaigns, in annual intervals from the first paid software subscription activation, for the next year.
So if a user purchases a paid software subscription at the Pro level ($999/year) and runs a campaign at $5,000/month, the campaign will run throughout the paid software subscription at the full $5,000/month of campaign services, unless the paid software subscription fails or is paused/cancelled, at which point the paid software subscription balance would be deducted from the next month's campaign subscription payment. In this example, a $999 paid software subscription and a $5,000 month campaign launched on the same day, and 12 months later the paid software subscription payment failed, then that month the campaign would be credited for $4,001 in services upon the $5,000 payment and the Pro paid software subscription would be reactivated for the next year.
Campaign, placement and paid software fees are subject to change by Publicity.ai at any time. Publicity.ai will provide 30 days notice to active users before making such changes.
The following actions are absolutely forbidden within Publicity.ai, and will result in immediate task cancellation, and may result in immediate account termination and a forfeiture of all payments for paid software and campaigns, whether yet delivered or undelivered, a lifetime ban from Publicity.ai, and possibly even legal action:
Using the Publicity.ai dashboard to promote: illegal content, products, services or items; child pornography; hateful, objectionable or defamatory content aimed at any people group, race, gender, sexual orientation or otherwise attacks on any person, business, organization, product or service; cruelty towards animals; pornographic content; prescription drugs; gambling or casinos; or otherwise content found to be objectionable, as deemed solely by Publicity.ai.
If you are unsure if your site violates our restrictions, please contact us FIRST.
Using software or other means to extract any data or information about Publicity.ai's users, metrics for any purpose other than running an authorized campaign, or otherwise attempting to disrupt the service.
Attempting to create campaigns that have the intention of negatively affecting a website's position in the major search engine results pages ("negative SEO"), as deemed solely by Publicity.ai.
4. LEGAL MARKETING ISSUES.
Publicity.ai is intended to assist the process of ethical website promotion by providing quality services. However, since laws vary from region to region, it is impossible for Publicity.ai to warrant that this process will comply with the local marketing and legal regulations where you reside - specifically in terms of what you are promoting, and the content used to create your site and your promotions. (For example, most countries tightly govern any marketing material connected with financial services, investments, and so on). Therefore it is entirely your responsibility to conduct due diligence to ensure that the sites you are creating comply with all applicable laws in your country, province or state.
Publicity.ai hereby disclaims all representations, claims and warranties regarding the legality of using the service or some/all of its features with respect to internet laws & marketing regulations where you reside.
The user (you) accepts comprehensive responsibility for the usage of Publicity.ai and the sites you promote with our services. It is the user's sole responsibility to ensure the legality of their publishing & marketing activities.
5. ABUSE AND MISUSE.
If Publicity.ai suspects that our service is being used for illegal purposes or spamming, we will contact any pertinent law enforcement agencies (as appropriate) and will provide them with any user/client information needed for the aforementioned party to conduct an official investigation. You consent to the provision of this information for any such event. You further agree to fully cooperate and, if necessary, provide assistance with all internal monitoring and investigations of our client base and the operations of our website.
6. DISCLAIMER OF WARRANTIES.
Several of the supplied functions of Publicity.ai use third-party data (or a custom variation thereof) and/or rely on third-party services, where Publicity.ai has no control over the ongoing performance, accuracy or usability of these features or services. (For example, our Market Analysis features and our keyword-tracking reports available in the Campaign Reporting area of the dashboard.)
Publicity.ai hereby disclaims all representations, claims and warranties regarding the performance of the application/site and the accuracy, currency, or completeness of the information, including (without limitation) all warranties of merchantability or suitability for any given purpose.
Furthermore, under no circumstances shall Publicity.ai be liable to you (the end user) for any damages whatsoever, including (without limitation) any direct, special, incidental, exemplary or consequential damages, lost profits, or any other claims of yours or third parties, even if we have been advised of the possibility of such damages.
You, the end user, assume all risks and potential damages (known or unknown) associated with using Publicity.ai in every capacity.
7. ENDING THE SERVICE:
7.1 TERMINATION. Publicity.ai may cancel any member account at any time and restrict access (upon canceling the payment contract as well), without notice or stated reason. Obviously, this will generally only occur in cases of member abuse in accordance with our restrictions policy, but we do still reserve the right to terminate any user account without notice, for any reason we deem suitable. In the case of abuse or violations of this user agreement, any payments for campaigns or paid software yet unrendered will also be forfeited.
7.2 PAID SOFTWARE CANCELLATION. Members can cancel their account at any time by contacting Publicity.ai via the support desk and requesting cancellation. However, before requesting cancellation, users should be aware that cancelling an account also forfeits any remaining subscription time - and cancelled accounts are NOT able to be reactivated.
7.3 CAMPAIGN CANCELLATION. Due to the risk that our contractors ("Publicist Network") have agreed to take on to execute campaign services on a performance basis, either 31 days notice OR the remaining amount on any agreement structured with Publicity.ai staff, whichever period is longer, ("due period") is required to pause or terminate campaigns. All payments due during the due period are due in full in order to keep your account in good standing. Accounts not in good standing will be given a 15 day grace period to get current with payments due, and should they not be brought into good standing within the grace period, they will be sent on to collections.
7.4 REFUNDS. Paid software and campaign subscriptions are bought with the understanding that they are a non refundable purchase. Generally, we DO NOT offer or provide refunds, since we state clearly across our website and on the order form that all purchases are non refundable. Therefore, the only exceptions where we will process refunds are:
In the case of unauthorized or fraudulent access to your payment card, given adequate proof or evidence, as deemed adequate solely by Publicity.ai and where our staff has not yet started to work on it. You may also need to contact your payment account / credit card company as well, to ensure that your account is secure. Please note that we reserve the right to submit your claim to the relevant authorities if we are suspicious about the validity of your claim.
* Other similar scenarios, on a case by case (discretionary) basis and within reason. Our goal is to earn your long-term business, and we realize that sometimes, things go awry. So in legitimate cases and where we deem reasonable, refunds on remaining balance on campaign subscriptions prepaid more than 1 month ahead, where no special deal or discount was granted, can be processed on request, and at the sole discretion of Publicity.ai.
Please note that in the case of discretionary refunds that are not the result of unauthorized/fraudulent deposits, there will be a 25% administration fee applied to the amount refunded.
No refunds of any kind will be considered for any customer if the most payment occurred 60 days or more, prior to the refund request.
You agree that you shall indemnify and hold harmless American Marketing Ventures, Inc. and Publicity.ai, its directors, affiliates, employees and agents against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees, court costs, fines, penalties, all interest, and all amounts paid in investigation, defense or settlement of any of the foregoing) or liabilities of any such nature or kind arising out of your use of our site or our service, whether or not arising out of third party claims, including claims that may arise with respect to this agreement.
We reserve the right to amend, add to or otherwise edit this Terms of Service agreement at any time, without notice.
Furthermore, these restricted practices are specific only to the Publicity.ai user license. There are many other restricted practices from a legal standpoint (such as proper disclosures, FTC regulations, etc.), which are your sole responsibility to research and apply according to your business location, where your business conducts transactions, and many other applicable factors.
No provision of this Agreement may be amended, modified, waived or discharged except as agreed to in writing by the parties.